GRANTED IN PART: July 10, 2008
CBCA 95
MOUNTAIN VALLEY LUMBER COMPANY, INC.,
Appellant,
v.
DEPARTMENT OF AGRICULTURE,
Respondent.
Richard W. Goeken of Saltman & Stevens, P.C., Washington, DC, counsel for
Appellant.
The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.
Kenneth S. Capps, Office of the General Counsel, Department of Agriculture, Denver, CO, counsel for Respondent.
Before Board Judges DANIELS (Chairman), VERGILIO, and POLLACK.
POLLACK, Board Judge.
This appeal arises out of timber sale contract no. 007744, between Mountain Valley Lumber Company, Inc. (Mountain Valley) and the United States Department of Agriculture, Forest Service (FS). Mountain Valley filed this appeal in the amount of $1,663,934.06 on May 14, 2003, and it was docketed as AGBCA 2003-171-1 at the Department of Agriculture Board of Contract Appeals. The appeal was transferred to the Civilian Board of Contract Appeals and docketed as CBCA 95.
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Over the life of the appeal, the parties have filed numerous procedural motions, as well as motions for summary relief. After extensive and disputed discovery, the parties advised the Board in 2007 that they were proceeding with preliminary discussions as to possible settlement. This was assisted in part by a decision by the Court of Federal Claims on another matter, which apparently clarified some potential damage issues. Extensions in discovery were granted by the Board to allow for settlement discussions.
On July 1, 2008, the Board received a stipulation and request for decision granting the appeal. The joint stipulation was dated June 26, 2008. Under it, the parties agreed that they had settled any and all claims by either party arising out of or relating to the underlying contract and the instant appeal. Further, the parties agreed to abide by a Board decision requiring the FS to pay appellant $410,000, plus interest on this amount calculated from November 8, 2002, until paid in accordance with the provisions of the Contract Disputes Act. Each party has agreed to bear its own costs and attorney fees. The parties additionally stipulated that the decision of the Board will be final and binding upon the parties and not subject to further appeal.
Decision
Accordingly, the appeal is GRANTED IN PART. In accordance with the parties’ joint stipulation, the Board awards the sum of $410,000, plus interest on said amount under the Contract Disputes Act, 41 U.S.C. § 611(2000), beginning November 8, 2002. Payment is to be made from the permanent indefinite judgment fund, 31 U.S.C. § 1304.
HOWARD A. POLLACK
Board Judge
We concur:
STEPHEN M. DANIELS
Board Judge
JOSEPH A. VERGILIO
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Mountain Valley Lumber Company, Inc., CBCA 95. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.